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Author Topic: Filing for International Protection  (Read 599 times)

patentlyconfused

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Filing for International Protection
« on: 09-13-11 at 08:16 am »

A patent was filed in the United States but PCT application was not submitted along with the application. What is the simplist way to file for protection in Mexico? Any advice would be greatly appreciated!
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Wiscagent

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Re: Filing for International Protection
« Reply #1 on: 09-13-11 at 09:00 am »

If it has been less than one year since the US application was filed you can claim priority the US application and directly file an application in Mexico, or file a PCT application and then file in Mexico. 
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Richard Tanzer
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Sudhir Kumar

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Re: Filing for International Protection
« Reply #2 on: 09-19-11 at 07:21 am »

Also, if your US application is not yet published (assuming 12 months period is over to file a PCT Application) you can file application in Mexico directly (without a priority).

It is not necessary to file PCT Application along with (it can be filed any time within 12 months from date of earlier priority) and as already suggested to you, if 12 months period if not over you could file PCT Applicationa and then enter national phase or you could file a conventional application with priority in Mexico (if 12 months period is not over.
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Sudhir Kumar
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